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99-280 Resolution No. 99-280 RESOLUTION AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO SERVICE AGREEMENT WITH THE NEW CENTURY PARTNERSHIP FOR ELGIN BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute a First Amendment to Service Agreement on behalf of the City of Elgin with the New Century Partnership for Elgin for the revitalization of the center city, a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 27, 1999 Adopted: October 27, 1999 Omnibus Vote: Yeas 7 Nays 0 Attest : s/ Dolonna Mecum Dolonna Mecum, City Clerk First Amendment to Service Agreement This First Amendment to a certain Service Agreement for the purchase of services dated March 31 , 1999, between New Century Partnership for Elgin, an Illinois not-for-profit organization, (hereinafter referred to as "NCPE") and the City of Elgin, Illinois, a municipal corporation, (hereinafter referred to as "City") is entered into this ,,79-ti■day of October, 1999. WHEREAS, NCPE and the City had entered into a certain Service Agreement for purchase of services dated March 31, 1999, (hereinafter"PSA") for the mutual benefit of the parties, including support for the development and improvement of the downtown area in the City of Elgin; and WHEREAS, NCPE has and is actively pursuing direct participation in the development of properties within the downtown area which include expenditures associated with property acquisition, development, maintenance and promotion which can enhance downtown related redevelopment opportunities consistent with the Elgin Center City Master Plan as prepared by Sasaki Associates, Inc. from 1991 as well as the ongoing planning process for the riverfront/downtown planning efforts undertaken jointly by CityVision and Hitchcock Associates (hereinafter referred to as "Downtown Development Goal"); and WHEREAS, the City has funded NCPE pursuant to the Service Agreement in the amount of Sixty Thousand Dollars ($60,000.00) which has not been fully expended and NCPE does not foresee that additional City funding of its current or future efforts is necessary if NCPE is allowed to retain and use the balance of funds pursuant to the Service Agreement through December 31 , 2001 . NOW,THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby acknowledged,the parties hereby agree to amend the Service Agreement as follows: 1 . The PSA is hereby amended to expressly permit NCPE to expend any of the funds paid by the City of Elgin to NCPE, under the PSA of March 31 , 1999 or for any purpose permitted by NCPE's Articles of Incorporation and By-laws, including but not limited to expenditures for property, staff salary and benefits, consulting services, rent, meeting expenses, expenses associated with sponsorship of community events, property acquisition and development, property maintenance, payment of principal, interest, taxes, insurance, marketing, renovation, consultants and other professional services in connection with any property in which NCPE has or expects to acquire any interest which are consistent with the Downtown Development Goal. 2. The PSA is hereby expressly amended to permit and allow NCPE to retain the balance of the payments made by the City pursuant to the PSA to NCPE. Page 1 of 2 3. The PSA is expressly amended at paragraph 8 of the PSA to require the written report detailing disbursements of the $60,000.00 to be provided to the City of January 1 , 2002. 4. The PSA as amended by this First Amendment shall be in full force and effect through and including December 31 , 2001 . 5. Except as expressly modified herein, all other terms and conditions of the PSA remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Service Agreement on the date and year written above. CITY OF ELGIN, a municipal corporation r By: . % ,/Am* Ed Schock, Mayor Attest: 91249-14-"^-(2 City Clerk NEW CENTURY PARTNERSHIP FOR ELGIN a not-for-profit corporation By: d/ ael Armato, President GloriaNCPE 1 stAmendtoPSA(Revised) 10-20-99 Page 2 of 2 ,(OFE4 C G # Agenda Item No 4,3 .. , , City of Elgin ' : 16' October 13 , 1999 TO: Mayor and Members of the City Council FROM: Joyce A. Parker, City Manager SUBJECT: Amendment to New Century Partnership 1999 Purchase of Service Agreement PURPOSE The purpose of this memorandum is to present to the Mayor and City Council members a request from the New Century Partnership for Elgin a request to amend their 1999 Purchase of Service Agreement . BACKGROUND On March 10, 1999, the City Council approved a Purchase of Service Agreement with New Century Partnership for Elgin (NCPE) which contained the following provisions : 1 . Pay $60, 000 to NCPE in 1999 . NCPE is also permitted to retain any unused funds from 1998 . 2 . Funds are to be applied to operating expenses such as staff salaries and benefits, consulting services, rent, mailing expenses and expenses related to community event sponsorships . 3 . NCPE will assist the city with the collection and analysis of information related to downtown parking needs . 4 . NCPE will facilitate the presentation of a proposal for riverfront redevelopment . 5 . NCPE will meet quarterly with representatives of the Downtown Neighborhood Association and the Elgin Area Chamber of Commerce . 6 . During 1999, NCPE will clarify its future organizational structure goals and develop a plan for future fund-raising. NCPE will report to the City Council by December 31, 1999 . rm. Amendment to New Century Partnership October 13, 1999 Page 2 7 . Report to the City Council by 01-01-2000 on the disbursement of the $60, 000 . 8 . Provide quarterly activity reports. The New Century Partnership for Elgin is requesting that the above referenced agreement be amended to reflect the following changes . 1 . Permit NCPE to expend any of the funds paid by the City under the 1999 PSA for any purpose permitted by NCPE ' s Articles of Incorporation and by laws which may include expenditures for property acquisition and development, property maintenance, payment of principal and interest, taxes, insurance, marketing renovation consultants, or other professionals in connection with any property in which NCPE has or expects to acquire any interest which are consistent with the Downtown Development Goal . 2 . The PSA would be amended to allow NCPE to retain any balance of the payout made by the City at the end of 1999 . NCPE collectively has a cash balance of approximately $61, 000 . em. 3 . The date of the written report request is changed to January 1, 2002 . 4 . The amended PSA shall be in effect until December 31, 2001 . 5 . All other terms and conditions of the 1999 PSA shall remain in place . COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED None . y74:-/FINANCIAL IMPACT The full allocation of $60, 000 has been paid to NCPE for the 1999 Purchase of Service Agreement . Al/LEGAL IMPACT None . ALTERNATIVES 1 . Deny the request from NCPE for the amended agreement . 2 . Approve the request from NCPE for the amended agreement . fe- Amendment to New Century Partnership October 13 , 1999 Page 3 RECOMMENDATION Staff recommends that the request to amend the 1999 PSA with NCPE be approved. R pectfully submit ed/,c /-6 a 44-4 Joyce . Parker City Manager SLP r